Central Information Commission
Archana Paul vs Eastern Railway (Kolkata) on 3 July, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/ERAIL/A/2023/117665
Archana Paul .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
O/o DRM, Eastern
Railway, Sr. Divisional
Electric Engineer/General,
Sealdah - 700009. ....प्रनर्वािीगण /Respondent
Date of Hearing : 24.06.2024
Date of Decision : 02.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 18.11.2022
CPIO replied on : 07.12.2022
First appeal filed on : 24.01.2023
First Appellate Authority's order : 01.02.2023
2nd Appeal/Complaint dated : 09.04.2023
Information sought:
The Appellant filed an RTI application dated 18.11.2022 seeking the following information:
"I, Smt. Archana Pal w/o Lt. Pranab Kumar Paul resident of Chakraborty Para, P.O. + Vill = Janai, Dist- Hooghly, Pin-712304, West Bengal, wish to seek information as under
1. Whether Smt. Shobha Kumari, Office Superintendent, Emp. No: 50205607607 was a staff under you for the period from 24.12.2021 to 08.10.2022? if yes then: -Page 1 of 5
i. What is her place of posting in that period?
ii. Is there any job responsibility of Smt. Shobha Kumari, Office Superintendent, Emp. No: 50205607607 for the period from 06.12.2021 to 08.10.2022? If yes, then please provide the details of Job she was entrusted with at that period with the official order number of competent authority, if any by which she was entrusted with that job and the specific date of shouldering that job responsibility by her. iii. What is a daily duty hour of Smt. Shobha Kumari, Office Superintendent, Emp. No: 50205607607 for the period from 24.12.19 to 08.10.2022? And what is the daily duty time i.e. starting and ending time of daily duty."
The CPIO furnished a reply to the Appellant on 07.12.2022 stating as under:
"In response to your communication, dt. 18.11.2022, issued in connection with the RTI queries raised by Smt. Archana Paul, Chakraborty Para, P.O.+Vill - Janai, Dist. Hooghly, PIN-712304, West Bengal, it is hereby intimated that, as per the rule laid down under Section 8(1)(j) of the RTI Act,2005, the disclosure of personal information, which has no relation to any public activity or interest and revelation of which can cause "unwarranted invasion" into the privacy of an individual, cannot be disclosed.
The same is hereby communicated for your information."
Being dissatisfied, the appellant filed a First Appeal dated 24.01.2023. The FAA vide its order dated 01.02.2023, held as under:-
"On going through the matter, I do not agree with the contention of Sr. DEE(G) & PIO, Eastern Railway, Sealdah. Information sought by the Appellant is not exempted from disclosure under the clauses 8(1) (j) of the RTI Act, 2005 rather Section 4(1)(b)(ii) of RTI Act, 2005 stipulates that every public authority shall publish the powers and duties of its officers and employees.
In view of above, Sr. DEE(G) & PIO, Eastern Railway, Sealdah is directed to provide information except which is exempted from disclosure, after applying due provisions stipulated under section 10 of the RTI Act by masking personal information, if any within 10 (ten) days from receipt of this order."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.Page 2 of 5
Respondent: Shri Abhijeet Das, Senior Divisional Electrical Engineer (G), Eastern Railway, attended the hearing through VC.
The Appellant did not participate in the hearing.
The Respondent submitted that in compliance with the directions passed by the FAA, an adequate and pointwise information was furnished vide letter dated 09.02.2023, wherein the Appellant was informed as under:
"1. Yes.
2. SSE/TL&AC/CP unit office for the mentioned period.
3. Yes. She was enrusted to look aft the work of Store Section of SSE/TL&AC/CP vide office order No.EL/G/Admin/2 Pt.II, dt.12.11.2021.
4. As per Railway's existing establishment rule the duty hrs. of Smt.Sobha Kumari being a ministerial staff of installation is as under :-
Monday to Friday 10:00hrs to 17:00 hrs(07 hrs) Saturday 10:00hrs to 15:00hrs.(05 hrs) Sunday Weekly Rest"
A written submission has been received from Senior Divisional Electrical Engineer (G), Eastern Railway, Sealdah, vide letter dated 12.06.2024, wherein the Commission has been appraised as under:
"In reference to the above, this is to inform that Archana Paul initially asked some queries dt. 18.11.2022 to Sr. DEE (G)/SDAH & PIO by Speed Post which was received by this Office on 02.12.2022 (Annexure - I) and reply sent to her vide this Office Letter No. EL/G/RTI/73/22, dt 07.12.2022 by Post (Annexure - II). Thereafter, she submitted the same appeal to First Appellate Authority & ADRM (Infra)/E.Rly./Sealdah dt. 24.01.2023 which was re-directed to the undersigned (PIO) on 25.01.2023 (Annexure III) and the previous RTI reply which sent to the Applicant, Archana Paul had been submitted towards FAA/ADRM (I)/E.Rly./SDALI on 31.01.2023 (Annexure - IV).
FAA/ADRM (I)/E.Rly./SDAH also sent a reply vide No. RTI/Appeal/SDAH(617), dt. 01.02.2023 to the Applicant, Archana Paul through Registered Post and a copy sent to the undersigned to ensure necessary compliance (Annexure - V). As per direction of FAA/ADRM (I)/E.Rly./SDAH, once again necessary reply was sent to the Applicant. Archana Paul vide this Office Letter No. EL/G/RTI/73/23, dt 09.02.2023 (Annexure - VI) which had been despatched from Eastern Railway, Sealdah's Central Despatch section through Registered Post on 14.12.2023 which Money Receipt is enclosed for ready reference (Annexure - VII). Under the above circumstances, the appeal of the Applicant, Archana Paul is proved to be inappropriate."
Page 3 of 5A written submission has been received from the Appellant vide letter dated nil, wherein the Commission has been apprised as under:
"I, Smt Archana Paul w/o Lt Pranab Kumar Paul resident of Chakraborty Para, P.O.+Vill-Janai, Dist: -Hooghly, Pin-712304, West Bengal would like to draw your kind attention that I made an appeal under RTI Act, 2005 dated 18.11.2002 to Sr.DEE(G)/SDAH & PIO to seek information as in the Annexure-I. The application was received by the Office of Sr.DEE (G)/SDAH on 02.12.2022. 1 have deposited the requisite fee of Rs 10/- by postal order (No-11F 768282) in favor FA &CAO, Eastern Railway, Kolkata payable at Kolkata with my RTI appeal. But after receiving of my RTI appeal Sr. DEE (G)/SDAH had denied to provide information under section 8(1) (j) of the RTI Act, 2005. (Annexure-II) vide his letter dated 07.12.2022. So, being the First Appellate authority of the Sealdah division/E.Railway I pray to respected ADRM (I)/SDAH for disposal of my RTI vide my appeal dated 24.01.2023. During disposal of my RTI respected ADRM (I)/SDAH has directed Sr.DEE (G)/SDAH to provide information except which is exempted from disclosure, after applying due provisions stipulated under section 10 of RTI Act by masking personal information, if any within
10 days from receipt of this order. However as per order of ADRM (I)/SDAH dated 01.02.2023(Annexure-III), Sr.DEE (G)/SDAH had provided information partially vide his letter dated 09.02.2023 (Annexure-IV). Under Sl No: -3 of my query, Sr.DEE (G)/SDAH had mentioned that Smt Shobha Kumari, OS was entrusted to look after the work of Store section of SSE/TL&AC/CP vide office order no: -EL/G/Admin/2/Pt. II dated 12.11.2021 for the period from 06.12.2021 to 08.10.2022 but PIO did not provide the details of job of Smt Shobha Kumari, OS at SSE/TL&AC/CP/Store section & not also provide the specific date of shouldering of charge of SSE/TL&AC/CP/Store section by Smt Shobha Kumari, OS under SSE/TL&AC/CP unit against Sr.DEE (G)/Sealdah's office order no: - EL/G/Admin/2/Pt. II dated 12.11.2021. So being the second appellate authority I pray to you for taking necessary action to provide information in full against my query No:-(03) Is there any job responsibility of Smt Shobha Kumari, OS, Emp No: -50205607607 for the period from 06.12.2021 to 08.10.2022? If yes, then please provide the details of Job, she was entrusted with at that period with the official order number of competent authority, if any by which she was entrusted with that job and the specific date of shouldering that job responsibility by her. (Annexure-V) Now as per your hearing notice under Ref: -1 above it is for your kind information that I'm a senior citizen & now suffering from various age old deaseses, so it is not possible for me to attend the said hearing personally on 24.06.2024 at the place & time as mentioned in the hearing notice& right now I have no suitable representative to attend the hearing on behalf of me. So I once again pray to you that it will be very much helpful for me if the PIO/CPIO of Eastern Railway, Sealdah provides me the information as: -
1.Details of Job responsibility of Smt Shobha Kumari, Office Superintendent, Emp No:
50205607607 in the period from 06.12.2021 to 08.10.2022 in SSE/TL&AC/CP Store Page 4 of 5 section vide the official order number of-EL/G/Admin/2/Pt. II dated 12.11.2021 and the specific date of shouldering that job responsibility by her. As these two information is not provided by Sr.DEE/G/SDAH & PIO so the decision of Sr.DEE/G/SDAH & PIO vide his letter no: -EL/G/RTI/73/24 dated 12.06.2024 that my appeal is proved to be inappropriate is not acceptable.lt is for your kind information that Smt Shobha Kumari, Office Superintendent, Emp No: -50205607607 herself declared in her IR-APR for the period from 01/04/2021 to 31/03/2022 that she did miscellinious work of office & helped other officeworkers to complete their schedule job in time after November'21 to 31.03.2022 & which was accepted by competant authority, she did not utter a single word regarding her job in store section of SSE/TL&AC/CP from 06.12.21 to 31.03.2022.
So it will be helpful for me if the specific date of charge shouldering at SSE/TL&AC/CP/Store by Smt Shobha Kumari, Office Superintendent, Emp No: - 50205607607 is provided."
Decision:
The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that in compliance with the directions passed by the FAA vide order dated 01.02.2023, an adequate and pointwise information as permissible under the RTI Act was furnished to the Appellant vide letter dated 09.02.2023 and the Commission upholds the same. Hence, no intervention of the Commission is required in the instant matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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